In any legal action involving Bang Cookies, does the franchisee waive their right to a jury trial?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
18.K. WAIVER OF JURY TRIAL
FRANCHISOR AND FRANCHISEE IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, BROUGHT BY EITHER OF THEM AGAINST THE OTHER, WHETHER A LEGAL ACTION, IN MEDIATION, OR IN ARBITRATION.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, the franchisee and franchisor both irrevocably waive their right to a jury trial. This waiver applies to any action, proceeding, or counterclaim, whether at law or in equity, and includes legal actions, mediations, or arbitrations.
This means that a franchisee gives up the right to have a jury decide the outcome of any dispute with Bang Cookies. Instead, disputes will be resolved by a judge or arbitrator. Jury waivers are relatively common in franchise agreements.
However, the Washington FDD Amendment states that provisions that unreasonably restrict or limit rights or remedies under the Washington Franchise Investment Protection Act, such as a right to a jury trial, may not be enforceable. Therefore, if a Bang Cookies franchise is purchased in Washington, the franchisee's waiver of a jury trial may not be enforceable.
It is important for prospective franchisees to understand the implications of waiving their right to a jury trial, and to consider seeking legal advice before signing the Franchise Agreement.